"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Category: FRIDAY ESSAY — FROM MONTICELLO TO TRUMP MILLER SESSIONS AND THE GOP WHITE NATIONALISTS
While most of the debate over immigration focuses on the U.S.-Mexico border, one of President Joe Biden’s most effective policies so far has occurred elsewhere ― at airports.
For a little over a year, Biden has used what’s called “parole” authority to collectively allow up to 30,000 vetted Cubans, Haitians, Nicaraguans and Venezuelans per month into the country, mostly via air travel, for a temporary two-year window.
The program is based on the authority held by the federal government under the 1952 Immigration and Nationality Act to grant temporary admission to foreigners on a “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” And, the Biden administration touts, it has been accompanied by drops in the number of nationals from each of these countries who’ve crossed the U.S.-Mexico border on foot.
But to hear some right-wingers talk about it, the “CHNV parole” program — the name an acronym for the nationalities it encompasses — is a secret, treasonous endeavor that utilizes government-funded charter flights to transport “illegal” migrants into the United States. None of that is true, but that doesn’t seem to be the point.
“I don’t know of anyone in Congress who knew this!” exclaimed Sen. Ted Cruz (R-Texas) on a podcast episode, just 14 months after Biden himself announced the CHNV parole program during a public press briefing and despite regular publications of data on the program by the Department of Homeland Security.
The false accusations of secret taxpayer-funded charter flights ferrying unvetted migrants to new lives in the United States plays into Republican attempts to cast immigration issues as a major crisis — and one on which Democrats are failing — ahead of the 2024 election.
. . . .
The precedent to the CHNV parole program was introduced in October 2022, when the Department of Homeland Security created a parole program for Venezuelans that was modeled on the Ukrainian program, requiring applicants to have a U.S.-based sponsor who’s financially able to support them and to pass vetting and background checks. In January 2023, the White House announced the program would expand to include Cuba, Haiti and Nicaragua.
Individuals from those four counties who meet the requirements and haven’t attempted to cross the U.S.-Mexico border between ports of entry are allowed to fly from their home countries into the United States rather than appearing in person at land border crossings.
Since January 2023, more than “386,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived lawfully and were granted parole under the parole processes,” U.S. Customs and Border Protection wrote in a February 2024 update.
“There’s no doubt that the CHNV program is by far the largest-scale parole program that any administration has done in decades,” said Aaron Reichlin-Melnick, policy director at the American Immigration Council, a research and legal advocacy organization.
And data supports the administration’s claim that the parole program, as part of a larger package, has helped discourage “irregular” migration.
As the Cato Institute reported in September, illegal entries by Venezuelans fell 66% from September 2022 to July 2023 and from December 2022 to July 2023, illegal entries fell 77% for Haitians, 98% for Cubans and 99% for Nicaraguans. Compared with peaks in CHNV numbers in 2021 and 2022, the report added, July 2023 arrests for those four nationalities were down 90%.
“There has not been a single month where unlawful entries of the four countries combined has been above the level it was in December 2022,” Reichlin-Melnick said.
The White House announced the policy as part of a package explicitly meant to “increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” The Biden administration grouped the program with others meant to encourage “legal pathways” into the United States ― such as increased refugee admissions and asylum opportunities in other countries ― and alongside harsher border enforcement for migrants who broke the rules.
Naree Ketudat, a spokesperson for the Department of Homeland Security, told HuffPost in a statement that the CHNV parole process was part of a strategy to “combine expanded lawful pathways with stronger consequences to reduce irregular migration, and [has] kept hundreds of thousands of people from migrating irregularly.”
And yet many on the right have misrepresented ― or simply lied about ― what the parole program is, playing on anxieties about race and national identity to paint it as part of a supposed scheme by Democrats to overwhelm the country with new residents or somehow displace American citizens.
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Read the complete article at the link.
Beyond the barrage of racially-driven GOP lies, Dems have failed to capitalize on the success of Biden’s efforts and its benefits to the U.S. economy. Significantly, rather than just “moaning and groaning” about the so-called “immigration problem,” the Biden Administration actually took innovative action to address the situation.
The GOP claim that the program is “secret” is a blatant lie! Yet, you would be hard pressed to find any recent examples of Biden, Harris, their campaign officials, or Dem politicos touting the success of the parole program or the critical role of immigration of all types in the continuing strong performance of the U.S. economy.
You would would be much more likely to come across disingenuous statements blaming the GOP for not giving Biden “authority” to close the border, violate human rights, inflict more needless cruelty, and otherwise dehumanize asylum seekers at the Southern Border. In this way, Dems unwisely are playing along with the GOP nativists and giving them “cover” for their lies.
I’ll admit to initially being somewhat skeptical about the parole program, mainly because it could be seen as deflecting attention from much needed reforms and revitalization of existing legal programs for the admission of refugees and asylees that had been intentionally “kneecapped” by the Trump Administration.
Of course, no “pilot program” like this — particularly one with nationality restrictions and somewhat arbitrary numerical limits — can solve overnight problems allowed to fester for years. Yet, the parole program has demonstrated important principles that should form the basis for more durable legislative reforms of our legal immigration system:
Given realistic options, most individuals would choose to be pre-screened and apply from abroad (i/o/w “If you build it, they will use it!”);
Private sponsorships can play a key role in the selection, welcoming, resettlement, and integration process for legal immigration;
Allowing immigrants to work immediately upon arrival — rather than forcing them into an overburdened and over-bureaucratized work authorization process — benefits everyone;
More robust legal immigration opportunities will reduce pressure on the border and keep cases out of the backlogged Immigration Courts.
Rather than being a “false bone of contention” in the “immigration debate,” innovations like the parole program should form an empirical basis for bipartisan legal immigration reform and expansion that will benefit our nation and those who seek to become part of it in the 21st Century.
Becky Wolozin Senior Attorney, National Center For Youth Law PHOTO:Linkedin
Becky Wolozin, Senior Attorney, National Center For Youth Law, posted on LinkedIn:
I feel so privileged to have been part of this, to do something a good thing for people in this cruel world. Immensely proud of the advocates, migrants, and colleagues who worked together to hold the government to account and protect immigrant children caught in the fray of politics and an uncaring immigration system. It is a professional dream come true to be a member of Flores Counsel with National Center for Youth Law!
“Let us do something, while we have the chance! It is not every day that we are needed. Not indeed that we personally are needed. Others would meet the case equally well, if not better. To all mankind they were addressed, those cries for help still ringing in our ears! But at this place, at this moment of time, all mankind is us, whether we like it or not. Let us make the most of it, before it is too late!” ~ Waiting for Godot, Samuel Beckett
Thanks, Becky, for your talent, dedication, and humanity, all of which stand in sharp contrast to border bureaucrats, DOJ Attorneys, and scofflaw nativists who have “weaponized” myths, dehumanization, dereliction of legal duties, and abdication of moral responsibility! This is a great example of the type of expertise and teamwork to get the job done that is all too seldom seen from the Administration, Congress, and the Judiciary in today’s toxic and too often fact- and morality-free immigration (non) debate! I’m glad that Judge Gee saw through the Garland DOJ’s pathetic attempt to evade legal responsibilities by making arguments that easily could’ be characterized as frivolous!
You can check it out yourself as quoted from the above NYT:
In response, lawyers for the Department of Justice argued that because the children had not yet been formally taken into custody by American customs officials, they were not obligated to provide such service. They did not dispute that the conditions in the encampments were poor.
Come on, man!👎🤯
Samuel Beckett’s “Waiting for Godot,” and “Theater of the Absurd,” perhaps surprisingly, have continuing relevance to today’s “off the rails” immigration “debate.” Naseer’s Motley Group in The Rose Bowl Merlaysamuel Creative Commons Attribution-Share Alike 3.0 Waiting for Godot in Doon School.jpg Copy [[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]] Copy December 8, 2011I also loved the quote from “Waiting for Godot!” As Courtside readers may know, the “Theater of the Absurd,”Samuel Beckett, and “Waiting for Godot” have previously found their way into my postings about Garland’s incredibly lackadaisical approach to “justice @ Justice!” See, e.g., https://immigrationcourtside.com/2023/12/22/%e2%9a%96%ef%b8%8f-followng-scathing-report-on-abuse-of-kids-in-immigration-court-eoir-announces-some-reforms-rekha-sharma-crawford-reports/.
“On April 1, 2020, the Department of Justice (“the Department” or “DOJ”) published an interim final rule (“IFR”) with request for comments that amended its regulations relating to the organization of the Board of Immigration Appeals (“Board”) by adding two Board member positions, thereby expanding the Board to 23 members. This final rule responds to comments received and adds five additional Board member positions, thereby expanding the Board to 28 members. The final rule also clarifies that temporary Board members serve renewable terms of up to six months and that temporary Board members are appointed by the Attorney General. DATES: This rule is effective on [April 2, 2024].”
[Note: Applicants are encouraged to apply NOW on the theory that spillover from the applicant pool for the current openings here and here might be considered for the additional five slots.]
Daniel M. Kowalski
Editor-in-Chief
Bender’s Immigration Bulletin (LexisNexis)
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Ironically, particularly for those of us directly affected, the BIA had 23 authorized members a little over two decades ago!
Then, the infamous “Ashcroft purge” cut that number back to 12, citing bogus “efficiency grounds” to cover a scheme that ousted those BIA Judges who consistently stood up for due process, fundamental fairness, and migrants’ legal rights!
That sent the EOIR system into a tailspin which shook the Circuit Courts when almost immediately flooded with a tidal wave of deficient EOIR decisions, particularly relating to erroneous “adverse credibility rulings.”
The emasculated BIA, of course, rapidly proved too small to function in even a minimally competent manner. To “cover up” the adverse effects of Ashcroft’s political scheme, and to conceal the institutional failures of DOJ to protect individual rights of migrants, particularly those of color, Administrations of both parties resorted to the “gimmick” of quietly appointing “Temporary Board Members” from among BIA senior staff to keep the ship (sort of) afloat. Temporary Board Members were not allowed to vote at en banc conferences, had uncertain tenure, and had every incentive not to dissent or otherwise “rock the boat” if they wanted to compete for future “permanent” vacancies. (Although, arguably, the whole point of the Ashcroft purge was that all BIA judges were essentially “temporary” in the eyes of a GOP AG).
Over the decades following the purge, the DOJ gradually added permanent BIA Judge positions, without ever publicly acknowledging Ashcroft’s politicalscheme and its debilitating effects.
Pass Immigration 101? Understand “mixed motive” and how it should be used to protect, not reject? Willing to stand up for due process and the legal and human rights of migrants? Prepared to promote justice and resist the evil culture of “any reason to deny?” We need YOU on the BIA today! “Revolution by evolution” is a crock. We need an aggressive “Due Process Revolution” from within EOIR NOW! Public Domain
United States Court of Appeals For the First Circuit
No. 23-1443
AMGAD SAMIR HALIM KHALIL,
Petitioner,
v.
MERRICK B. GARLAND, Attorney General,
Respondent.
PETITION FOR REVIEW OF AN ORDER OF
THE BOARD OF IMMIGRATION APPEALS
Before
Gelpí, Howard, and Rikelman,
Circuit Judges.
Saher J. Macarius, with whom Audrey Botros and Law Offices of Saher J. Macarius LLC were on brief, for petitioner.
Yanal H. Yousef, Trial Attorney, Office of Immigration Litigation, with whom Brian Boynton, Principal Deputy Assistant Attorney General, Civil Division, and Anthony P. Nicastro, Assistant Director, Office of Immigration Litigation, were on brief, for respondent.
Julian Bava, with whom Adriana Lafaille, Sabrineh Ardalan, Tiffany Lieu, American Civil Liberties Union Foundation of Massachusetts, Inc., and Harvard Immigration & Refugee Clinical Program, were on brief, for amici curiae.
March 29, 2024
RIKELMAN, Circuit Judge.
. . . .
We turn, then, to Khalil’s argument that the factual record compels the conclusion that religion was at least one central reason for his beating. We review the factual finding
– 15 –
against Khalil on this issue under the substantial evidence standard. Pineda-Maldonado, 91 F.4th at 87.
Here, a reasonable adjudicator would be compelled to conclude that Khalil’s religion qualifies as a central reason for the beating. Khalil’s attackers demanded he convert, beat him when he refused to do so, demanded again that he convert, and beat him more intensely when he again refused. The attackers’ own statements show that, regardless of whatever else prompted the beating, Khalil would not have been harmed had he agreed to convert. See Sanchez-Vasquez v. Garland, 994 F.3d 40, 47 (1st Cir. 2021) (deeming perpetrators’ statements essential to the nexus determination); Ivanov v. Holder, 736 F.3d 5, 14-15 (1st Cir. 2013) (determining persecutors were driven by a religious motive that they “recognized and gave voice to” during their attack of the applicant); Singh v. Mukasey, 543 F.3d 1, 7 (1st Cir. 2008) (explaining that perpetrators’ statements “are a crucial factor” for determining the central reason for harm); cf. Esteban-Garcia v. Garland, 94 F.4th 186, 194 (1st Cir. 2024) (finding no nexus because persecutors “didn’t say anything” about the applicant’s protected ground).
The attackers’ demands that Khalil convert to another faith and their increased violence in response to his refusal to do so make this case unlike Sompotan v. Mukasey, 533 F.3d 63 (1st Cir. 2008), which the IJ relied on in finding that the beating was
– 16 –
the result of a personal dispute only. In Sompotan, we held that the record did not compel the conclusion that those who robbed the petitioners and their restaurant while yelling “Chinese bastard, crazy Christian, crazy Chinese” were motivated by religious and racial animus rather than by a desire to rob because “[t]he fact that [robbers] would stoop to the level of using racial slurs is, unfortunately, not surprising.” 533 F.3d at 70. By contrast, the attackers here did not make just a passing reference to Khalil’s religion. Rather, they made religious demands on him during the attack and beat him more vigorously when he refused to cede to those demands.
The arguments the government offers as to why substantial evidence supports the agency’s no-nexus determination do not alter our conclusion. The government emphasizes that Khalil recounted his attackers’ demands that he convert only in his asylum interview and written declaration attached to his asylum application, but not in his testimony before the IJ. But in evaluating whether substantial evidence supports the agency’s conclusion, we are tasked with reviewing “the record as a whole.” Barnica-Lopez, 59 F.4th at 527. Further, at his hearing, Khalil described the beating exclusively during the government’s cross-examination, and the government strategically asked him only one question about what his attackers said during the beating: Did they reference the blood test results? The framing of the
– 17 –
government’s questions on cross-examination does not change our assessment of the record as a whole. The government also contends that, because Khalil testified that the imam had no issue with him until the imam found out about the blood test results, religion did not motivate the attack. But that argument ignores the attackers’ own words and actions.
For all these reasons, we find that the record compels the conclusion that Khalil’s religion played more than an incidental role in his beating. We therefore grant the petition for review as to Khalil’s asylum claim premised on mixed-motive persecution.5
. . . .
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Many congrats and much appreciation to the NDPA team involved in this litigation!👏🙏
Oh yeah, the BIA also screwed up the CAT analysis! 🤯
This is another classic example of deficient scholarship and an “any reason to deny culture” that Garland, inexplicably, has allowed to flourish in some parts of EOIR on his watch!
This is the REAL “immigration crisis” gripping America, and one that obviously could be solved with better-qualified judges and dynamic due-processed-focused leadership at EOIR!
“Revolution by evolution” is a meaningless piece of bureaucratic gobbledegook I sometimes heard during Dem Administrations to justify their often gutless, inept, and dilatory approach to due process at EOIR! What total poppycock! EOIR needs a dramatic “Due Process Revolution” from within! And, it needs it yesterday, with lives and the future of American justice on the line!
There’s an opportunity, open until April 12, 2024, to become a BIA Appellate Judge and start improving the trajectory of American justice at the “retail level!”
“Singh experienced multiple physical attacks and death threats over an eight-month period, from November of 2014 to June of 2015. No reasonable factfinder would conclude that Singh did not experience serious harm rising to the level of persecution. … For all these reasons we find that the record compels a finding that Singh suffered harm rising to the level of persecution. … [T]he BIA did not independently analyze relocation and determine that the government met its burden. Rather, the BIA expressly adopted the IJ’s reasons for finding that internal relocation was safe and reasonable. In doing so, the BIA adopted the IJ’s flawed relocation analysis, which did not afford Singh the presumption of past persecution or shift the burden to the government to prove that Singh can safely and reasonably relocate within India. … In sum, because the BIA erred in its relocation analysis, we grant Singh’s petition to review his claim for asylum and remand to the BIA for consideration in light of Singh v. Whitaker, 914 F.3d 654. … For the reasons set forth above, we GRANT Singh’s petition in part and REMAND to the BIA to consider (1) whether Singh is eligible for asylum because he suffered past persecution on account of statutorily protected grounds by the government or individuals whom the government was unable or unwilling to control; (2) if so, whether the DHS rebutted the presumption of a well-founded fear of future persecution; and (3) whether Singh is entitled to withholding of removal.”
“The agency entirely overlooked evidence material to the hardship determination in this case: evidence regarding Mendez’s serious back injury and its implications for his ability to support his qualifying relatives through work in El Salvador. … The BIA’s decision is VACATED and the case is REMANDED for further proceedings consistent with this order.”
H. Raymond Fasano, Esquire PHOTO: Super Lawyers Profile
—Daniel M. KowalskiEditor-in-ChiefBender’s Immigration Bulletin (LexisNexis)
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What if a brain surgeon or a heart surgeon were routinely engaging in “surgical malpractice?” Wouldn’t it be a cause for grave concern?🤯
Almost every week, sometimes multiple times, the BIA mishandles the basics in potential “life or death” cases. Yet, Garland somehow shrugs it off! This not only adds to the “dehumanization” of migrants (their lives don’t count), but also badly skews the statistical profile that undergirds much of the misguided immigration (non) dialogue.
If the anti-immigrant, anti-asylum, huge “over-denial” problem at EOIR were addressed with better qualified judges and adjudicators, it would become apparent that many more, probably a majority, of those caught up in the dysfunction at EOIR and the Asylum Office are qualified to remain in the U.S. in some status. And, proper positive precedents would guide practitioners, ICE Counsel, Immigration Judges, and Asylum Officers to correct results without protracted litigation that eventually burdens the Courts of Appeals, causes avoidable remands, fuels “Aimless Docket Reshuffling,” and contributes mightily to the mushrooming EOIR backlog!
As a result, these cases could be prepared, prioritized, granted, and individuals could get on with their lives and maximize their human potential to help our nation — just as generations before them have done including the ancestors of almost all Americans! How soon some of us forget!
The real, largely self-created, “immigration crisis,” is NOT insufficient “deterrence, detention, and cruelty” at the border! It’s the grotesque failure of all three branches of Government to insist on a fair, timely, well-staffed, professionally-managed, due-process-compliant adjudication, review, and resettlement system for asylum seekers and other immigrants. It’s also the ongoing attempt to “cover up” and minimize our Government’s mistreatment of asylum seekers, particularly those asserting their legal right to apply at our borders and in the interior regardless of status!
The racially-driven “targeting” of asylum seekers at the border is a ruse designed to deflect attention from the realities of human migration, what drives it, and the failure of governments across the board to come to grips with them and to fulfill their legal responsibilities to treat all persons fairly, humanely, and in accordance with correct interpretations and applications of the law!
Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Here’s additional commentary on Singh from my Round Table ⚖️⚔️ colleague “Sir Jeffrey” Chase:
The IJ was really determined to deny on this one. And I guess Vandyke had filled his quota of once in a lifetime for finding fault with the government, and thus had no choice but to dissent.
How would YOU like to face a system “determined to deny” with your life on the line? How would Garland like it?
Actually, under the generous “well-founded fear” standard applicable to asylum (Cardoza-Fonseca/Mogharrabi) and the authoritative guidance in the U.N. Handbook on adjudication, applicants like Singh who testify credibly are supposed to be given “the benefit of the doubt.” Garland has, quite improperly, like his immediate predecessors, allowed this key humanitarian legal principle to be mocked at EOIR! Instead, as cogently pointed out by “Sir Jeffrey,” here the IJ and the BIA actually went the “extra mile” to think of “any reason to deny” — even totally specious ones!
Also, half-baked, legally deficient “reasonably available internal relocation analysis”is a long-standing, chronic problem at EOIR, despite a regulation setting forth analytical factors that should be evaluated. Few, if any, such legitimate opportunities are “reasonably available” in most countries sending asylum applicants!
Moreover, once past persecution is established, the DHS has the burden of showing that there is a reasonably available internal relocation alternative, something that they almost never can prove by a preponderance of the evidence! Indeed, in my experience, the DHS almost never put in such evidence beyond rote citations to generalized language in DOS Country Reports!
The “judicial competency/bias” problems plaguing EOIR are large and well documented. Yet, Garland pretends like they don’t exist!
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?” PHOTO: Wikipedia Commons
A federal appeals court late Tuesday ruled against Texas in its bitter clash with the federal government, deciding that a law allowing the state to arrest and deport migrants could not be implemented while the courts wrestled with the question of whether it is legal.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, which has a reputation for conservative rulings, sided in its 2-to-1 decision with lawyers for the Biden administration who have argued that the law violates the U.S. Constitution and decades of legal precedent.
The panel’s majority opinion left in place an injunction imposed last month by a lower court in Austin, which found that the federal government was likely to succeed in its arguments against the law.
“A caste system is an artificial construction, a fixed and embedded ranking of human value that sets the presumed supremacy of one group against the presumed inferiority of other groups.”
― Isabel Wilkerson, Caste: The Origins of Our Discontents
Last year, a dangerous and despotic Texas Governor Greg Abbott signed into law SB 4, heralding the legislation as a form of defense in his war against President Biden’s immigration policies that have apparently left Texas unsafe and vulnerable. Obviously, nothing could be further from the truth; in fact, Texas is privileged to be the second state in the union with the largest immigrant population that has contributed over $40 billion in federal and state taxes, with a spending power of more than $110 billion. According to a report by the Immigration Research Initiative and Every Texan:
Once provided a work permit, new immigrants earn an average of $20,000 in their first year, which increases to $29,000 by their fifth year living in Texas. […] For every 1,000 workers, immigrants and asylum seekers contribute $2.6 million to state and local taxes within their first year of eligibility. Far from a burden on Texas communities, newly arrived immigrants and asylum seekers are as essential to our state’s economy as they are to our families and communities.”
Abbott and the state have reaped from the contributions of immigrant families, regardless of immigration status, only to waste millions in taxpayer dollars to cruelly militarize the border against their own border communities and the children and families seeking refuge and safety. With SB 4, Abbott and Texas would make it a felony for any undocumented immigrant to enter the state and empower local law enforcement and state judges to arrest and deport undocumented immigrants.
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Read Beatriz’s complete article at the link.
The proposition, uncritically reported by many in media and mindlessly repeated by politicos of both parties, that effectively eliminating asylum at the border, thereby turning the ability to seek protection in the U.S. over to smugglers, cartels, and thugs, will “enhance security” is beyond preposterous! Obviously, it will do the exact opposite by improperly treating desperate individuals seeking legal protection from the U.S. the same as the small number of actual security threats who might seek to cross the border (at least some of whom are actually caught).
Just ask yourself the question that the media never presses on Abbott, DeSantis, Trump, GOP nativists, or their spineless Dem enablers: Why would a “real terrorist” spend weeks or months trying to get a “CBP One” appointment to be screened by CBP? Alternatively, why would such an individual risk the irregular border crossing and then turn themselves in to CBP for processing or wait weeks in filthy conditions to be processed by CBP? Answer: Obviously, they wouldn’t.
There are many easier ways for those smuggling or seeking to engage in criminal behavior to enter (think thousands of miles of lightly guarded Northern Border, false visas, entering legally at an airport under false pretenses, or concealing contraband in legitimate commerce — the way most fentanyl enters the U.S.). And, they are all “facilitated” by the USG’s insanely bad policy decision to concentrate “law enforcement” resources overwhelmingly on those who present no realistic threat and want only fair consideration of their legal claims! Sure it generates (largely misleading) “numbers,” but does little to actually enhance security.
Indeed, one might well suspect that the inordinate hoopla and intentionally exaggerated fears focused on asylum seekers is largely a “cover-up” and diversion from the Government’s poor record on dealing with the fentanyl crisis.
As I have repeatedly said, what if the Feds and states stopped disingenuously wasting unconscionable amounts resources on bogus enforcement and deterrence and instead invested in building a fair and timely asylum reception, screening, adjudication, and resettlement system that encouraged and rewarded those presenting themselves at ports of entry? That would make it easier for law enforcement to concentrate on those actually seeking to avoid our legal system (rather than inanely concentrating on those who merely want our legal system to fairly consider their claims)!
What would happen if the “mainstream media” actually fulfilled their professional, ethical, journalistic responsibilities to research, understand, and report honestly about the right to asylum, those seeking it, and those assisting them in presenting their claims to an intentionally hostile and dysfunctional system! What if the media stopped uncritically and irresponsibly reporting nativist propaganda, such as Abbott’s babbling, as “news,” and began concentrating on informing the public of the truth about asylum seekers, the legitimacy of many of their claims, and their great potential benefits to America!
A three-judge appeals panel will hear arguments on Wednesday in the power struggle between Texas and the federal government following a shock reversal that once again blocked a new state law allowing local police to arrest migrants at the border – just hours after the US supreme court had decided it could go ahead.
A federal appeals court late on Tuesday issued an order preventing Texas from implementing its plans to defy the Department of Justice and take the power for Texas law enforcement to arrest people suspected of entering the US illegally, which is normally the jurisdiction of the federal immigration authorities.
The White House had strongly criticized the supreme court on Tuesday afternoon after a ruling that would have allowed what it called a “harmful and unconstitutional” Texas immigration law to go into effect.
The supreme court order had rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos.
The decision by the fifth US circuit court of appeals that followed on Tuesday night itself came just weeks after a panel on the same appeals court hearing the case on Wednesday had cleared the way for Texas to enforce the law, known as SB4, by putting a pause on a lower judge’s injunction.
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Read the complete article at the link.
The “ghosts of John Calhoun” are taking over our system! And, almost everyone’s focused on the legal minutiae and procedural gobbledygook, while ignoring the big picture, which should be a “no brainer” rejection of Texas’s existentially dangerous, yet essentially ham-handed, attempt at “nullification!”
As pointed out cogently by The Hope Border Institute (issued after the Supremes’ “copped out,” but prior to 5th Cir.’s reversal of its prior order, thus temporarily blocking SB 4) the racist, unconstitutional intent behind “SB 4” is a crystal clear “no brainer:”
THE HOPE BORDER INSTITUTE EXPRESSES GRAVE CONCERNS FOLLOWING SUPREME COURT’S DECISION TO LET SB4 ENTER INTO FORCE
EL PASO, TEXAS – The Supreme Court’s decision to let Texas enforce SB4 as it continues to be litigated is fundamentally wrong and will have grave consequences. Today’s ruling will permit the State of Texas to create an illegal parallel deportation system and ramp up its project to criminalize migration and now all people of color in the state.
SB4 will unequivocally create an environment of fear and distrust in local Texas communities, erode welcoming efforts, and legitimize racial profiling. The federal government must challenge Operation Lone Star once and for all.
In response to this decision and Texas’ targeting of migrant hospitality, all are invited this Thursday, March 21 at 6:30 pm MT to ‘Do Not Be Afraid’ March and Vigil for Human Dignity, a moment of community prayer and resistance. We will denounce Texas’ efforts to criminalize migration and humanitarian relief efforts, affirm our welcoming borderland community, remember those dying at the border, and demand humane solutions.
“The Supreme Court decision to let the unconstitutional and racist SB 4 enter into effect is gravely serious and a sign of the urgent need to advance policies that uphold human dignity,” said Dylan Corbett, Executive Director of the Hope Border Institute. “This legislation will do nothing but harm communities across Texas, and other states will follow suit. I call everyone to join us on the evening of Thursday, March 21 to march in resistance and reject this campaign of hate.”
John Fanestil American Author & Human Rights Activist PHOTO: Amazon.comThe International Organization for Migration (IOM), UNCTAD and UNHCR launched the Global Photo Exhibition on Migration and Entrepreneurship at the Palais des Nations in Geneva. Date 18 November 2019, 12:36 Source Romain Langlois Author UNCTAD Creative Commons 2.0 License
John Fanestil reports from the border in the San Diego Union Tribune:
. . . .
By the time migrants get to Mexico’s northern border, they also demonstrate a clear understanding that they are engaged in an inherently participatory enterprise. The migrant shelters in Tijuana are poor and under-resourced — sometimes desperately so — but they do not lack in human leadership and initiative. Leaders at migrant shelters remind me of young people working on classroom projects in university settings, or participating in community organizations and social movements, or launching new ventures or start-ups in “co-working” environments.
. . . .
But to characterize migrants arriving at our southern border as driven primarily by criminal and malevolent motives is a misdiagnosis of the highest order. Perhaps U.S. authorities should start documenting how many “migrant entrepreneurs” they are detaining at the U.S.-Mexico border.
Fanestil works for Via International, a San Diego nonprofit that runs a migrant-focused program in Tijuana called “Via Migrante.” He lives in La Mesa.
******************
Read Fanestil’s complete article at the link.
It’s hardly a secret (although it’s something GOP White Nationalists don’t want you to know) that asylum seekers and other immigrants are overwhelmingly “risk takers” who are willing to “put their lives on the line” and often make outsized contributions to the nations who welcome them. That’s also why “deterrence gimmicks” — no matter how cruel, expensive, and wasteful — ultimately fail.
The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges.
This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.
This position is in the Board of Immigration Appeals, within the Executive Office for Immigration Review. The incumbent reports to a Deputy Chief Appellate Immigration Judge, who in turn reports to the Chief Appellate Immigration Judge.
Appellate Immigration Judges must apply immigration laws impartially, humanely, and equitably and ensure that all parties are treated with respect and dignity. They also must resolve cases expeditiously, in accordance with all applicable laws and regulations, and consistent with the Department’s priorities and policies.
Appellate Immigration Judges are commissioned to serve in formal, quasi-judicial proceedings to review the determinations of immigration judges in removal and related proceedings, and of certain officers of the U.S. Department of Homeland Security in visa petition proceedings and other matters. All Appellate Immigration Judges review the record on appeal, including briefs, exhibits, and transcripts, and hear oral argument when appropriate. An Appellate Immigration Judge may concur or dissent based on their view of any given case. The majority of the Appellate Immigration Judges’ duties fall into the general categories of removal proceedings, discretionary relief, claims of persecution, stays of removal, visa petitions, administrative fines, and bond and detention.
The majority of an Appellate Immigration Judge’s duties will be dedicated to the appellate work, but an Appellate Immigration Judge must also be qualified, and may be called upon, to conduct trial level proceedings in the role of an immigration judge.
Appellate Immigration Judges make decisions that are final, subject to appeal to the Federal courts. In connection with these proceedings, Appellate Immigration Judges exercise certain discretionary powers as provided by law and are required to exercise independent judgment in reaching final decisions.
Employment is contingent upon the completion and satisfactory adjudication of a background investigation.
Selective Service Registration is required, as applicable.
Moving and Relocation Expense are not authorized.
You must have relevant experience (see “Qualifications” below.)
Qualifications must be met by the closing date of the announcement.
If selected, you must file a financial disclosure statement in accordance with the Ethics in Government Act of 1978.
You must receive your Federal salary by Direct Deposit (to a financial institution of their choosing).
Qualifications
In order to qualify for the Appellate Immigration Judge position, applicants must meet all of the following minimum qualifications:
Education: Applicants must possess a LL.B., J.D., or LL.M. degree. (Provide the month and year in which you obtained your degree and the name of the College or University from which it was conferred/awarded.)
AND
Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of any state, territory of the U.S., or the District of Columbia. (Provide the month and year in which you obtained your first license and the State from which it was issued.)
AND
Experience: Applicants must have seven (7) years of post-bar admission experience as a licensed attorney preparing for, participating in, and/or appealing formal hearings or trials involving litigation and/or administrative law at the Federal, State or local level. Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body.
NOTE: Qualifying experience is calculated from the date of your first admission to the bar.
In addition, successful applicants will have a strong combination of experience demonstrating that they will perform at the level of competence, impartiality, and professionalism expected of an Appellate Immigration Judge. For more information about relevant experience and knowledge, please see the “How You Will Be Evaluated” section.
Additional information
This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.
Additional positions may be filled from this announcement within 90 days of certificate issuance.
Alternative work schedule options are available.
There is no formal rating system for applying veterans’ preference to Appellate Immigration Judge appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in Appellate Immigration Judge hiring. Applicants eligible for veterans’ preference must claim their status when completing their application in the online application process and attach supporting documentation. (See “Required Documents” section.)
Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Executive Office for Immigration Review. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All DOJ applicants, both U.S. Citizens and non-citizens, whose job location is with the United States, must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.
As the Federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
Additional Information: The COVID-19 vaccination requirement for Federal employees pursuant to Executive Order 14043 does not currently apply. Some jobs, however, may be subject to agency- or job-specific vaccination requirements, so please review the job announcement for details. To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified or vacated, depending on the course of ongoing litigation, the Federal government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to Executive Order 14043, that requirement does not currently apply.
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Benefits
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the minimum qualifications stated above will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following Quality Ranking Factors (QRFs), which need to be addressed as part of the application package.
Ability to demonstrate the appropriate temperament to serve as a judge. Appellate Immigration Judges need to possess traits such as compassion, decisiveness, open-mindedness, courtesy, patience, freedom from bias, and commitment to equal justice under the law. Additionally, individuals in this role are expected to exercise discretion, and articulate how that discretion is being exercised, in complex, sensitive, high-pressure and/or emotional situations. A strong candidate demonstrates excellent analytical, decision-making, and writing abilities.
Litigation or adjudication experience, preferably in a high volume judicial or administrative context. Appellate Immigration Judges often must balance a variety of skills that can include managing a high volume of cases, drafting decisions, and reviewing an administrative record at the appellate level. It is vital that a candidate is able to manage a high-volume docket under tight deadlines without compromising quality.
Experience conducting administrative hearings or adjudicating administrative cases. Appellate Immigration Judges are expected to decide difficult or complex issues, particularly those that impact people’s lives. Prior adjudication experience in other tribunals – Federal, state, local, military or other court systems – is ideal, however, adjudications experience may be drawn from non-courtroom settings. For candidates who have limited adjudications experience, significant litigation experience before EOIR or extensive litigation experience in settings comparable to an immigration court setting may be considered.
Experience handling complex legal issues. Immigration law often involves handling complex legal issues. This role requires being able to work through complicated fact patterns and issues, novel areas of the law, as well as learning, adapting to, and incorporating changes in the law.
Knowledge of immigration laws and procedures. In this role, depth and/or volume of immigration law experience is important. Candidates should have meaningful experience applying complex immigration law, which can include representing non-citizens or the Federal government in matters involving complex or diverse immigration laws, adjudicating immigration matters, legislative or administrative advocacy on immigration policy issues, academic or clinical experience, and other similar work that involves routine analysis and application of immigration law.
To apply for this position, you must provide a complete Application Package by 11:59 PM (ET) on 04/12/2024, the closing date of this announcement, which includes:
Your Resume documenting seven (7) years experience since being admitted to the bar.
A complete online Assessment Questionnaire.
Document(s)addressing the Quality Ranking Factors (QRFs) listed above.
A Writing Sample demonstrating your ability to author legal documents (10 pages, maximum; an excerpt of a longer document is acceptable).
Current or former Federal employees must provide copies of their most recent and their latest SF-50, Notification of Personnel Action.
Other Supporting Documents, if applicable:
Veterans’ Preference Documentation: Although the veterans’ preference point system does not apply to this position, we accept preference claims and adjudicate such claims per the documentation provided. Note: If claiming 5-point veterans’ preference, include a DD-214 or statement of service. If claiming 10-point veterans’ preference, include an SF-15 and documentation required by that form, VA or military letter dated 1991 or later, and DD-214.
Any other supporting documentation required for verification as described in the announcement.
Tips for your resume:
Ensure that your resume contains your full name, address, phone number, email address, and employment information.
Each position listed on your resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name; position title; Federal grade level(s) held, if applicable; hours, if less than full time; and duties performed.
In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
Tips for addressing QRFs:
Applicants should use narrative form to address each of the five (5) QRFs. They must be written in a separate document indicating the by-number of the specific QRF being addressed.
Successful applicants will address all of the QRFs. If you do not have the specific experience addressed in a QRF, we encourage you to write about a similar skill, ability, knowledge, or experience.
Applicants should be thorough in addressing each QRF. This includes:
Approximate number of cases or matters handled in a given period of time.
Applicant’s specific role (e.g., adjudicator, first chair, co-counsel, responsible for the written brief only, etc.).
Length of time involved in a given role (e.g., lead counsel in 20 immigration proceedings in 10 years).
Specific examples of the types of cases (asylum application, pleas, settlement, bench trial, jury trial, etc.).
The number of court and/or administrative appearances made in those cases.
The case dispositions (ruling on the merits, plea or similar resolution, settlement, trial, jury trial, etc.).
Failure to submit the documents listed above with your application package will result in your application package being removed from consideration.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
You must submit a complete application package by 11:59 PM (EST) on 04/12/2024, the closing date of the announcement.
To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire.
Click the Submit My Answers button to submit your application package.
It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
To verify your application is complete, log into your USAJOBS account, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.
To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.
We will evaluate the qualifications and eligibility of all applicants, and then assess those who meet the minimum qualifications. All candidates who meet all the minimum requirements will be referred to the hiring official for further consideration. We will notify you of the final outcome after all of these steps have been completed.
Fair & Transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
Beginning of a dialog window for the agency announcing this job. It begins with a heading 2 called “Learn more about Field Operating Offices of the Office of the Secretary of the Army”. Escape will cancel and close the window.
Learn more about
Executive Office for Immigration Review
If you are interested in a rewarding and challenging career, this is the position for you!
The Executive Office for Immigration Review seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three adjudicatory components: The Office of the Chief Immigration Judge, which is responsible for managing the Immigration Courts where Immigration Judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of these Immigration Judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases.
Learn more about what it’s like to work at Executive Office for Immigration Review, what the agency does, and about the types of careers this agency offers.
Yes, EOIR is a mess! But, it’s not going to get any better without better judges, particularly at the BIA which sets precedents and should (even if it now doesn’t) maintain nationwide consistency among Immigration Judges and articulate and implement “best judicial practices.”
Quite disappointingly and outrageously, the Biden Administration and A.G. Garland have failed to “clean house” and bring long overdue due process and judicial reforms to EOIR. So, the NDPA will have to go about it “the old-fashioned way:” one judicial vacancy at a time!
What if we had a BIA that:
Believed due process and fundamental fairness are “job one;”
Insured correctness and quality over “generating numbers;”
Institutionalized protection, not rote rejection, of asylum seekers;
Built on past precedents for properly generous treatment of asylum seekers like INS v. Cardoza-Fonseca, Matter of Mogharrabi, and Matter of Kasinga, rather than ignoring, or looking for artificial ways to limit them;
Issued precedents insuring early identification and consistent granting of many current and repetitive asylum applications;
Looked for ways to simplify, rather than overcomplicate and obfuscate, legal guidance;
Had “zero tolerance” for anti-immigrant, anti-asylum, racial, gender, and other biases among Immigration Judges (e.g., no more “asylum free zones”);
Refused to allow the Immigraton Court system to be misused and abused as a “deterrent” or “an adjunct of DHS Enforcement;”
Developed and enforced “best judicial practices;”
Prioritized facilitating pro bono representation as a key element of due process;
Aspired to make the “former vision of EOIR” — “through teamwork and innovation be the world’s best administrative tribunals guaranteeing fairness and due process for all” — a reality, rather than a cruel hoax!
Of course, one judge can’t do it all! But, there are plenty of great judges in the current EOIR system, at both levels, who need reenforcement and reaffirmation! Rebuilding the EOIR system so that it is a real, due-process-oriented, subject-matter-expert court that insures justice — rather than institutionalizing injustice — has to start somewhere! Fixing EOIR would also help save the entire faltering Federal Judicial system.
If the NDPA doesn’t do it, who will? Certainly not Biden, Harris, Garland or their minions— or at to least not without being pushed from within and dragged kicking and screaming from without.
Waiting for Godot (a/k/a Merrick Garland) to fix EOIR isn’t going to cut it! Naseer’s Motley Group in The Rose Bowl Merlaysamuel Creative Commons Attribution-Share Alike 3.0 Waiting for Godot in Doon School.jpg Copy [[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]] Copy December 8, 2011So, don’t “wait for Godot” to fix this broken system! Clue: He’s not coming! Get those applications in now!
Better judges for a better America! Sooner, rather than later!
“This court grants a petition for review of an agency denial of asylum, withholding of removal, and CAT relief only under the most extraordinary circumstances. See Gutierrez-Alm, 62 F.4th at 1194; Sharma v. Garland, 9 F.4th 1052, 1060 (9th Cir. 2021). This is one of those rare instances. For the reasons discussed above, the agency’su adverse credibility determination is amply supported by substantial evidence. But the IJ failed to properly consider and evaluate the evidentiary weight of multiple documents Kalulu offered into the record independent of her testimony, and the BIA made clear factual errors when it reviewed those documents. Because the agency’s decision therefore “cannot be sustained upon its reasoning,” this case must be remanded for the IJ or BIA to reconsider its decision. De Leon, 51 F.4th at 1008 (internal quotation marks omitted). On remand, the agency must reexamine the three declarations and medical document discussed in section III(b) to consider whether they, when properly read alongside other nontestimonial evidence in the record, independently prove Kalulu’s claims for asylum or withholding of removal. This court takes no position on whether those documents provide such proof or whether Kalulu merits any of the relief for which she applied.”
Dissent: “The majority ignores our precedent and instead concludes that the agency would have reached the same adverse credibility determination in the absence of these unsupported findings. That approach contravenes the REAL ID Act, binding circuit precedent, and fundamental principles of administrative law. I respectfully dissent.”
Many congrats to Amalia, Judah, and their NDPA team!
As my friend Dan often says about EOIR, “you can’t make this stuff up!”🤯
Well, the panel judges all agree that the BIA is wrong! It’s just a question of HOW wrong.
Note Van Dyke is a Trump appointee, and one of the most far-right judges on the bench. Murphy is a Bush II appointee. Sanchez (concur/dissent) is a Biden appointee.
The BIA has to have worked overtime to do such a miserable job that even Van Dyke couldn’t paper it over, although he took a stab at it!
The majority decision is basically a restatement of the 4th Circuit’s pre-REAL ID precedent Camara v. Ashcroft, 378 F.3d 361 (4th Cir. 2004). That case materially affected practices, changed results, and saved lives during my tenure at the “Legacy”Arlington Immigration Court!
So, it’s not that requiring that testimony be evaluated along with independent, non-testimonial evidence is something “new” or “rocket science!”🚀 Heck, it’s even incorporated in the REAL ID Act. This is “Immigration 101!” Yet, theBIA came up woefully short while Garland ignores fundamental flaws in his judicial system.
It’s well worth looking at a bit more of Judge Gabriel Sanchez’s vigorous separate opinion:
Petitioner Milly Kalulu, a native of Zambia, alleges she
was persecuted because she is a lesbian in a country that
criminalizes same-sex relationships. When her relationship
with a woman was discovered by her girlfriend’s brothers,
she was beaten, whipped, injected with an unknown
substance, stabbed in the chest, doused with gasoline, and
threatened with death over several violent encounters.
Kalulu submitted documentary evidence corroborating her
claims, including a copy of her medical report, a declaration
from her aunt in California, and declarations from several
Zambians who witnessed the attacks on her. The agency,
however, dismissed this evidence based on unsupportable or
trivial grounds.
I agree with the majority that the agency failed to
consider whether Kalulu’s supporting evidence
independently proves her claims for asylum, withholding of
removal, and relief under the Convention Against Torture
(CAT). “Where potentially dispositive testimony and
documentary evidence is submitted, the BIA must give
reasoned consideration to that evidence.” Cole v. Holder,
659 F.3d 762, 772 (9th Cir. 2011); see also Antonio v.
On the basis of his robust SOTU performance, I have every confidence that President Biden can more than adequately defend himself from the “Hur report.” Sadly, the same can’t necessarily be said for all the asylum seekers and other immigrants harmed by Garland’s indifference to systemic injustice in his “courts!”
This is the real “immigration crisis” that threatens our legal system and our democracy!
The border between Tijuana and California. Studies indicate an increase in the number of drowned migrants at this point on the border. David Ludwig’s photo is licensed as Attribution-ShareAlike. Certainly, Biden & the Dems can promote a better version of “border security” than this deadly and ultimately failed “hangover of Trumpism!”
Some States Step Up With Innovation & Humanity, While GOP-Led States Fall Down On Migrant Reception, Assistance, Resettlement — From Emerson Collective
STATE LEVEL DIVERGENCE IN RESPONSE TO THE MIGRATION SURGE
While legislative reform continues to be blocked at the federal level, states across the country have adopted diametrically opposed responses to the surge of migrants that have reached the U.S.-Mexico border in search of safety and economic opportunity.
On one side of the split screen, we see real innovation happening with 20 states now having dedicated, high-level staff focused on immigrant integration and building a more welcoming, inclusive America. That includes programs designed to better incorporate immigrants and refugees into state workforce systems, expand the capacity of legal and direct service providers, and ensure access to other support systems that welcome new arrivals with dignity and care.
We are undoubtedly facing a unique set of pressures at our southern border and in states and cities throughout the country as a result of historic levels of migration throughout the hemisphere. Our current inability to effectively respond to these pressures is the result of decades of Congressional failure to forge compromise on the contours of a flexible system that can effectively manage migration. As states take steps to fill the breach, we are seeing very different visions of what the future may hold.
2) U.S. Judge In Texas Tosses GOP States’ Frivolous Challenge To Successful Parole Program — From The Border News
🌍 Humanitarian Asylum Program Survives States’ Challenge, Federal Judge Upholds Entry for Migrants from Four Countries
The Associated Press’s Eric Gay.- A federal judge in Texas dismissed a lawsuit from Republican-led states challenging a Biden administration program that allows a certain number of migrants from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. on humanitarian grounds. U.S. District Judge Drew B. Tipton ruled that the states failed to demonstrate financial harm caused by the humanitarian parole program, which admits up to 30,000 asylum seekers each month from the specified countries. The program aims to offer lawful pathways while reducing unauthorized border crossings. The White House hailed the ruling, emphasizing the program’s role in addressing labor shortages and enhancing border management. Despite the legal challenge, over 357,000 individuals have benefited from the program, with Haitians being the largest group. The decision underscores the administration’s use of parole authority for urgent humanitarian reasons or significant public benefit, marking an important victory for immigration advocates and the migrants they serve.
But, without new expert, dynamic “kick ass” leadership, empowered to supersede those currently bobbling this program at the national level, it will remain a sore point, a horrendous missed opportunity for the Administration, and a “de-energizer” for his core progressive supporters.
Come on, Joe, lead and build on the good work already done by your friends, rather than undermining it by spreading the fears and parroting “lite” versions of the xenophobic approaches of your opponents! Instead of challenging Trump to join you in “closing the border to asylum seekers,” invite everyone to join you in developing and implementing humane, achievable, solutions for fairer and more efficient asylum processing at the border and elsewhere!
Biden must “lose the Miller Lite BS on the border” and tout his successes, like the parole program. Joe, Joe, Joe! Think it through! Trump is going to “win” the “race to the bottom on the border” because he’s a natural “bottom dweller.” So, you need to pivot and emphasize and expand upon the positive things you have done to solve migration problems, like these parole programs!
Logically, re-opening ports of entry for asylum claims (despite the huge widespread problems with “CBP One”) and incentivizing those who can’t wait at the ports to turn themselves in to CBP in an orderly manner for asylum screening after crossing elsewhere (despite both physical impediments and artificial legal obstacles to doing so) works to reduce the number of those seeking to avoid screening! This is directly contrary to the nativist blather surrounding Title 42!
As Bier says, “This should force the many members of Congress and the administration who opposed ending Title 42 to rethink their position.” While there is zero chance that the GOP will do this, because their position is based on spreading fear and xenophobia for perceived political gain, you and your advisors should reverse your disastrous public stance on how to best promote real, durable, achievable border security.
As Heidi and others have cogently suggested, future success will come from investing in better asylum screening, processing, adjudication, and resettlement, NOT from bombastic threats to “close the border” and effectively eliminate the fundamental right to seek asylum!
Rev. Craig Mousin PHOTO: DePaul WebsiteHeidi Altman Director of Policy National Immigrant Justice Center PHOTO: fcnl.org
Craig on Linkedin:
Instead of listening to our two primary presidential contenders vie over which one is tougher on immigration, let’s consider reframing the debate for a meaningful immigration reform that benefits our nation instead of depriving it of resources wasted on ineffective enforcement policies:
Let’s Reshape Immigration Policy
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Today we talk about 10 points to reshape and improve immigration policy in the USA. We used the National Immigrant Justice Center’s 10 points as a backdrop for our discussion:
Today we talk about 10 points to reshape and improve immigration policy in the USA. We used the National Immigrant Justice Center’s 10 points as a backdrop for our discussion:
Listen to the podcast and get a copy of NIJC’s “ 10 points” at the above links.
Thanks, Craig, for highlighting the work of my friend and former Georgetown Law colleague Heidi Altman, Director of Policy at NIJC. Heidi is the embodiment of what real leadership, innovation, humane, creative thought on immigration and the border looks like. She stands in dramatic contrast to the pathetic fear mongering (Trump) and fear of standing up for values (Biden) “leadership” coming from our candidates and reflected in the failure of politicos of both parties to embrace humane, cooperative, beneficial solutions for those seeking asylum at the border.
Heidi is a particularly great representative and leadership role model for Women’s History Month.
I had additional thoughts on this podcast:
Better judges, not just more judges. To be effective and efficient, EOIR judges at both levels must be recognized experts in asylum, human rights, and due process who are not afraid to set positive precedents, grant protection to those who qualify under a properly generous interpretation of the law, simplify evidentiary requirements and state them in clear, practical terms, establish and enforce best practices, and steadfastly oppose the political abuse of the Immigration Courts as “deterrents” or as extensions of DHS enforcement. The failure of Garland to clean house at EOIR, particularly the BIA, and of Mayorkas to do likewise at the Asylum Office has been a national disaster driving much of the “disorder at the border.”
Invest in VIISTA Villanova and other innovative programs to expand pro bono and low bono representation.Seehttps://www1.villanova.edu/university/professional-studies/academics/professional-education/viista.html. Reach beyond lawyers and NGOs to train students, retirees, social justice advocates, and “ordinary citizens” who want to help by becoming “Accredited Representatives” for “Recognized Organizations” and represent asylum seekers before the AO and EOIR. The programs is top-notch, online, and “scalable.” The Biden Administration’s failure to tap into it and “leverage” it is another dramatic failure of leadership.
Better leadership needed in the Biden Administration. As we have seen over the last three years, all the great ideas (and there is a plethora of them) in the world are meaningless without the dynamic, courageous, effective leadership to make it happen! Garland, Mayorkas, the White House Domestic Policy Office, and the Biden Campaign are dramatic negative examples of folks who lack the hands-on expertise, courage, creativity, and skills to lead on effective administrative immigration reform. I endorse Heidi’s proposal to create a White House Task Force. But, without expert, dynamic, empowered leadership, that Task Force will be ineffective. (Take it from me, over 35-years in the USG, I was on lots of “task forces” and other “action/study groups” whose voluminous reports and well-meaning proposals went directly into a dusty file cabinet or paper shredder.) Think Julian Castro, Dean Kevin Johnson, Judge Dana Marks, Professor Karen Musalo, Beatriz Lopez, Professor Michele Pistone, Anna Gallagher, Camille Mackler, Professor Stephen Yale-Loehr, Heidi Altman, Alex Aleinikoff, Mary Meg McCarthy, Paula Fitzgerald, et al — any of these folks, or a combination, or other “battle tested experts” like them would be head and shoulders over the inept gang advising on and “implementing” (and I use this term loosely) immigration policy for the Administration and the campaign. Leadership counts! And, time’s a wasting to start fixing this asylum system before the election!
Acquiescence gets Dems the same place as activist racism. I “get” that the nativist border agenda now being shoved down our throats by both campaigns is driven by GOP fear-mongering and Dem acquiescence. That’s classic Jim Crow! I doubt that every White person south of the Mason-Dixon Line during my youth was overtly racist. Yet, a whole bunch of them were happy to acquiesce in segregation (and worse) because it served their political, social, or business purposes. For example, ”I’ve personally got nothing against Blacks, but if I hired one at my store all my business would go elsewhere.” In calling for “bipartisan” joining with the Trump-generated racist proposal to “close theborder,” Biden and many of his supporters are basically endorsing a lawless, cruel, anti-humanitarian program that couldn’t succeed if enacted. Does that he might be doing it as an act of “political strategy,” “shifting the blame,” or “one-upmanship,” rather than “genuine” racism, xenophobia, and hate, like Trump and MAGA nation, somehow make it more palatable? Not to me!
Stop the candidate’s negative campaigning. If Joe can’t think of anything better to say about human rights and the border than to point fingers at the GOP and try and match Trump’s cruelty, lawlessness, and stupidity on the issue, better he say nothing at all.
Don’t get suckered by “whataboutism.” Undoubtedly, there are those in our community genuinely concerned that helping asylum seekers resettle and succeed will deflect resources and attention from existing problems like homelessness and poverty. Nevertheless, few, if any, of my friends and acquaintances who have actually spent their lives, or substantial portions thereof, helping the less fortunate in our communities express this fear. They believe that that if we treat all of our fellow humans as humans, we can expand opportunities and economic activities across the board so that there will be enough for everyone. It’s aderivation of something we say every Sunday at the community church we attend: “All are welcome at Christ’s table.” Also, asylum seekers and other migrants disproportionately give back to communities, particularly low income communities, rural communities, or others in need. By contrast, many of those raising these fears are the same GOP folks who steadfastly want to cut meals for kids, slash after-school programs, defund proven-to-work programs that reduce poverty, and restrict or limit other existing aid programs. It’s not like these folks would “repurpose” any of the very limited funds spent on assisting migrants to helping the homeless or the less fortunate. No, they would almost certainly spend it on more deadly, yet ineffective walls, “civil” prisons, unnecessary tax cuts for the wealthy, and/or more counterproductive, wasteful, costly border militarization. Don’t get suckered by their “crocodile tears” for the poor and needy!
Contrary to the BS 💩 that is peddled every day by the presidential candidates, spineless politicos of both parties, and the mainstream media, the border is solvable with common sense, humane, innovative legal reforms. More cruel, wasteful, and essentially mindless enforcement and restriction is NOT the answer, nor will it ever be!
Welcome back, friends. To celebrate the end of the week and the start of the weekend, I am sending you my personal list of Five Things You Might Have Missed. For this issue, I draw from my bucket of many (many) things that I read or saw during the week and share them with you.
Justice Department Silences Immigration Judges
Biden Refers to Immigrants as “Illegals”
How Does Asylum Work Right Now?
The Migrant’s Journey by Adam Isacson
Talking About Immigration in an Election Year
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Thanks, my friend! 🙏 Read Austin’s complete rundown at the above link!
My favorite quote is from John Washington’s article, #3 on Austin’s list:
In fiscal year 2023, 99.5 percent of all people whose asylum cases were decided by immigration judges showed up to court for their hearings, according to data compiled by Human Rights First. Unlike citizens, people seeking asylum are not entitled to attorneys at government expense. That means that people either pay out of pocket, find willing attorneys to help them pro-bono, or represent themselves in court. According to a January report, only 30% of people in removal proceedings — which means the government is trying to deport them — are represented by attorneys. A 2023 study from Migration Policy Institute shows that having representation improves efficiency, lowers the costs of public resources expended and, for the migrants in court, decreases their chances of being deported.
“The immigration system has been pretty broken— backlogged and needing reform — for 20 years,” [Yael] Schacher [Director of Americas and Europe for Refugees International] said.
Though there are major delays, the overwhelming majority of asylum-seekers follow the system as it is currently functioning, Schacher said.
Yael Schacher Historian Director of Americas & Europe for Refugees International
Not only does this cogently refute the restrictionist myth of asylum seekers “gaming” the system, peddled by politicos of both parties yet primarily a GOP talking point, but it points to what should be the real target of reform! Obviously, what’s actually needed here is professionalization, quality control, innovation, increased staffing, and, perhaps most of all, dynamic, expert, due-process focused leadership in the USG’s asylum adjudication and resettlement programs, with a focus on dramatically increasing representation and orientation resources!
Instead, politicos and pundits focus on eliminating the system, rather than fixing it! It’s basically a cowardly attempt to “destroy evidence” of USG misfeasance and incompetence! At the same time, it would unfairly punish the victims of our Government’s systemic failures.
The political response by both parties is totally irresponsible (not to mention immoral) as well as demonstrably unworkable. Yet, so-called “mainstream media” figures are so ill-informed and disinterested in the human trauma and realities of asylum, migration, and the border, that they present the one-sided, nativist nonsense spouted by both parties as a “debate.” It isn’t! Neither party is interested in actually fixing the problems at the border — just in finger-pointing, posturing, and shifting blame for perceived political gain!
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